LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION March 4, 2009 TO: Honorable Burt R. Solomons, Chair, House Committee on State Affairs FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB751 by Callegari (Relating to the liability of a public utility that allows recreational use of land that the public utility owns, occupies, or leases.), As Introduced No fiscal implication to the State is anticipated. The bill would amend the Civil Practice and Remedies Code to provide immunity from liability to certain public utilities that, as the owner, occupant, or lessee of land, gives permission to a person to enter the premises for recreation. The public utility would be required to post a sign warning that the utility is immune from liability for damages arising from the use of the property for recreational purposes. The bill would affect certain river authorities and counties. Provisions of the bill would apply only to a cause of action that accrues on or after the effective date of the bill. The bill would take effect immediately if it were to receive the required two-thirds vote in each house of the legislature; otherwise, it would take effect September 1, 2009. Local Government Impact Protection from liability could provide an unknown but possibly significant savings in the event damages were to occur for which the utility would otherwise be liable for the costs to mitigate those damages. Source Agencies: LBB Staff: JOB, KJG, DB
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
March 4, 2009
TO: Honorable Burt R. Solomons, Chair, House Committee on State Affairs FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB751 by Callegari (Relating to the liability of a public utility that allows recreational use of land that the public utility owns, occupies, or leases.), As Introduced
TO: Honorable Burt R. Solomons, Chair, House Committee on State Affairs
FROM: John S. O'Brien, Director, Legislative Budget Board
IN RE: HB751 by Callegari (Relating to the liability of a public utility that allows recreational use of land that the public utility owns, occupies, or leases.), As Introduced
Honorable Burt R. Solomons, Chair, House Committee on State Affairs
Honorable Burt R. Solomons, Chair, House Committee on State Affairs
John S. O'Brien, Director, Legislative Budget Board
John S. O'Brien, Director, Legislative Budget Board
HB751 by Callegari (Relating to the liability of a public utility that allows recreational use of land that the public utility owns, occupies, or leases.), As Introduced
HB751 by Callegari (Relating to the liability of a public utility that allows recreational use of land that the public utility owns, occupies, or leases.), As Introduced
No fiscal implication to the State is anticipated.
No fiscal implication to the State is anticipated.
The bill would amend the Civil Practice and Remedies Code to provide immunity from liability to certain public utilities that, as the owner, occupant, or lessee of land, gives permission to a person to enter the premises for recreation. The public utility would be required to post a sign warning that the utility is immune from liability for damages arising from the use of the property for recreational purposes. The bill would affect certain river authorities and counties. Provisions of the bill would apply only to a cause of action that accrues on or after the effective date of the bill. The bill would take effect immediately if it were to receive the required two-thirds vote in each house of the legislature; otherwise, it would take effect September 1, 2009.
The bill would amend the Civil Practice and Remedies Code to provide immunity from liability to certain public utilities that, as the owner, occupant, or lessee of land, gives permission to a person to enter the premises for recreation. The public utility would be required to post a sign warning that the utility is immune from liability for damages arising from the use of the property for recreational purposes. The bill would affect certain river authorities and counties.
Provisions of the bill would apply only to a cause of action that accrues on or after the effective date of the bill. The bill would take effect immediately if it were to receive the required two-thirds vote in each house of the legislature; otherwise, it would take effect September 1, 2009.
Local Government Impact
Protection from liability could provide an unknown but possibly significant savings in the event damages were to occur for which the utility would otherwise be liable for the costs to mitigate those damages.
Source Agencies:
LBB Staff: JOB, KJG, DB
JOB, KJG, DB